Elizabeth Ibay, a clerk at the Municipal Trial Court in Cauayan, Isabela, was accused of taking a check meant for another court employee, forging the endorsement, and depositing the funds in her account. An investigation found that Ibay received an envelope with checks from the post office that was missing one check upon opening. She denied taking the missing check. Handwriting analysis on the endorsed check showed similarities to Ibay's handwriting. While there was no direct evidence, the court found the circumstances pointed to Ibay's responsibility and dismissed her for gross dishonesty, which is punishable by dismissal even for a first offense.
Elizabeth Ibay, a clerk at the Municipal Trial Court in Cauayan, Isabela, was accused of taking a check meant for another court employee, forging the endorsement, and depositing the funds in her account. An investigation found that Ibay received an envelope with checks from the post office that was missing one check upon opening. She denied taking the missing check. Handwriting analysis on the endorsed check showed similarities to Ibay's handwriting. While there was no direct evidence, the court found the circumstances pointed to Ibay's responsibility and dismissed her for gross dishonesty, which is punishable by dismissal even for a first offense.
Elizabeth Ibay, a clerk at the Municipal Trial Court in Cauayan, Isabela, was accused of taking a check meant for another court employee, forging the endorsement, and depositing the funds in her account. An investigation found that Ibay received an envelope with checks from the post office that was missing one check upon opening. She denied taking the missing check. Handwriting analysis on the endorsed check showed similarities to Ibay's handwriting. While there was no direct evidence, the court found the circumstances pointed to Ibay's responsibility and dismissed her for gross dishonesty, which is punishable by dismissal even for a first offense.
EXECUTIVE JUDGE HENEDINO P. EDUARTE, Regional Trial Court, Branch 20,
Cauayan, Isabela, complainant, vs. ELIZABETH T. IBAY, Clerk II, Municipal Trial Court in Cities, Cauayan, Isabela [A.M. No. P-12-3100. November 12, 2013.] PER CURIAM p:
Facts: In her complaint-inquiry, De Ocampo alleged that she did not receive her check for P3,000.00 representing her clothing allowance. Upon verification, the Office of the Court Administrator (OCA) found that her check was mailed to Municipal Trial Court in Cities, Cauayan, Isabela (MTCC-Cauayan).
The OCA, directed Judge Eduarte, the complainant, to investigate the matter. It was established in the investigation that Ibay, as the receiver of mails addressed to MTCC- Cauayan, took the envelope containing the checks for clothing allowance from the post office of Cauayan, Isabela. Ibay alleged that upon her arrival in the stenographers' room in MTCC-Cauayan, she gave the unopened envelope to Meris who allegedly opened the envelope by tearing its side. Seven checks were found inside the envelope but De Ocampos check was not one of the checks according to her.
Finally, De Ocampo's check was deposited with UCPB-Cauayan, and cleared by LBP. Ibay admitted that in the inventory, there were similarities between her handwriting and the indorsement in the check.
The Court referred the case to the National Bureau of Investigation (NBI) for further investigation and examination of the questioned document by handwriting experts to determine who committed the forgery. However, the report of the NBI was later dispensed with due to the apparent loss of the check in question. Later, NBI Director Gatdula informed the Court that the original copy of the check was found. Accordingly, Director Gatdula returned the records of the case to the Court. The OCA found that the circumstances prior to the discovery of the loss of De Ocampo's check, together with the findings of Judge Eduarte, point to Ibay as the one fully responsible for the check's loss.
ISSUE: Is respondent Ibay guilty of dishonesty and thus be dismissed from service?
Held: YES, respondent Ibay is guilty of dishonesty and thus must be dismissed from service. While there is no direct evidence to suggest that Ibay actually took the check, forged De Ocampo's signature and encashed the check, the surrounding circumstances point towards her administrative liability.
Ibay admitted that she took the envelope from the post office and she gave the envelope containing only seven checks, without De Ocampo's check, to Meris. Ibay did not explain the whereabouts of De Ocampo's check, which the OCA found to have been inadvertently included in the envelope Ibay received from the post office. Ibay merely denied the charges against her. It is settled that denial is inherently a weak defense. To be believed, it must be buttressed by a strong evidence of non-culpability; otherwise, such denial is purely self-serving and without evidentiary value.
The court found that there is substantial evidence to support Ibay's dismissal on the ground of dishonesty. Section 52 (A) (1) of the Revised Uniform Rules on Administrative Cases in the Civil Service provides that dishonesty is a grave offense punishable by dismissal from the service even when committed for the first time.
Pete Garcia v. Anthony Datillo, James Brad Johnson, Kevin Cartica, Jon Noth, Gary Grainger, Frank Greenberg, Randy West, Investigator Robert Vette, B. Williams and Douglas Moore, Individually and as Deputy Sheriffs in the Jefferson County Sheriff's Department, 117 F.3d 1428, 10th Cir. (1997)